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Jambe Law Journal
Published by Universitas Jambi
ISSN : 25987925     EISSN : 2598795X     DOI : https://doi.org/10.22437/40hknt39
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jambe Law Journal (JLJ) an international open-access journal published by the Faculty of Law, Universitas Jambi, Indonesia. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues as well as to publish innovative legal researches concerning Indonesian laws and or legal system. The Journal centres its focus and scope on the critical domain of Environmental Law and Natural Resources Law (such as Biodiversity Conservation, Environmental Impact Assessment (EIA), Land Use and Spatial Planning, Climate Change Law, Environmental Justice and Social Equity, etc). In addition, the journal also covers issues related to legal studies in any perspectives, covering but not limited to criminal law, civil law, constitutional law, administrative law, international law, Islamic law. The journal particularly encourages submissions that employ diverse analytical perspectives, such as sociological, anthropological, criminological, victimological, feminist legal theory, philosophical, or Islamic perspectives, to enrich legal discourse and promote a deeper understanding of law within its social, cultural, moral, or religious contexts.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
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Search results for , issue "Vol. 8 No. 1 (2025)" : 15 Documents clear
Corporate Crimes and Penal Reform in Indonesia: Evaluating the Efficacy of the Criminal Code Dewi, Erna; Nunna, Bhanu Prakash; Shafira, Maya
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.525

Abstract

The rapid economic growth has led to the emergence of diverse business entities, both incorporated and unincorporated. In Indonesia, corporations were not fully recognized as criminal law subjects under the old Criminal Code. However, the National Criminal Code explicitly acknowledges corporations as entities that can bear criminal liability. This research, employing a normative method with a statutory approach, emphasizes the significant role of corporations in the national economy, the risks associated with corporate criminal offenses, and the sanctions provided in the National Criminal Code. The findings reveal that the Code imposes sanctions on corporations, including fines, business suspensions, and other additional penalties. Furthermore, it introduces corrective measures to ensure corporate accountability for criminal acts. This regulatory shift reflects essential legal reform addressing the challenges of economic modernization by recognizing corporations as criminal law subjects liable to principal and supplementary punishments, including, in certain cases, supervisory or takeover measures
Legal Realism and the Future of Palm Oil Management in Indonesia Sayuti, Ageng Triganda; Windarto, Windarto; Martadinata, Muhammad Randhy; Ridho, Muhammad Ali; Kadir, Sulhi Muhamad Daud Abdul
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.342

Abstract

Through the jurisprudential lens of Roscoe Pound, particularly his doctrines of legal realism and sociological jurisprudence, this article explores palm oil plantation management contracts. By situating contract law within the broader framework of social engineering, the study critiques the prevailing contractual practices in Indonesia's palm oil sector, which often privilege corporate profit at the expense of local communities and environmental sustainability. The analysis reveals a persistent asymmetry in power and legal capacity between plantation companies and rural populations, resulting in contracts that fail to deliver substantive justice. Drawing from Pound’s tripartite interest theory, individual, social, and public, the study argues that current contractual frameworks inadequately integrate ethical, ecological, and communal considerations. This research offers a normative proposal to redesign plantation management contracts as instruments of equitable governance. It advocates for a participatory and inclusive legal drafting process that recognizes local wisdom, ensures environmental accountability, and promotes distributive justice. By embedding Roscoe Pound’s vision of law as a dynamic, purposive institution, the article contributes to the evolving discourse on legal reform in natural resource management. Ultimately, it calls for a reconceptualization of contracts not merely as tools of economic transaction but as living legal instruments capable of reconciling corporate interests with the imperatives of social justice and environmental stewardship
Strengthening Village Governance and Safeguarding Human Rights: Legal Perspectives in Comparative Study Bakarbessy, Andress Deny; Jacob, John Tumba
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.514

Abstract

This study examines the legal frameworks governing village administration and the protection of human rights in Indonesia, Nigeria, and Japan. The legal frameworks analyzed include Villages Law in Indonesia, the Constitution of the Federal Republic of Nigeria, the Local Government Act in Nigeria, and the Local Autonomy Law in Japan. The research adopts a normative legal approach, employing both statutory and comparative methods to examine the regulations, institutional authority structures, and legal principles of those countries. While the three countries acknowledge the significance of village autonomy and human rights protection, they differ markedly in their normative approaches. Indonesia has developed a relatively progressive legal framework; Nigeria continues to grapple with challenges related to legal pluralism; and Japan prioritizes institutional stability and community engagement. The study concludes that the effectiveness of village governance laws is significantly influenced by the clarity of legal norms, the robustness of institutional structures, and the overall coherence of each country’s legal system
Tax Law Enforcement in Indonesia: Administrative vs Criminal Sanctions Eka Putra, Fariz; Suseno, Sigid; Santoso, Topo; Muttaqin, Zainal
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.522

Abstract

Legal issues arising from violations of tax provisions are resolved through administrative law mechanisms. Tax legislation grants the state broad authority to collect taxes, making tax law a part of public law, and regulating the legal relationship between the state and individuals or legal entities obligated to pay taxes. The existence of criminal provisions in Tax Legislation, called administrative penal law (Verwaltungs Strafrecht), which is included in the framework of public welfare offenses (Ordnungswidrigkeiten), is defined as all legislative products in the form of laws within the administrative sphere that have criminal sanctions. In cases of tax crimes experienced by taxpayers who have been sentenced to criminal penalties, the convict (taxpayer) is still required to pay his tax administration obligations, resulting in the imposition of double sanctions (criminal and administrative) for the same act (double sanction) which is contrary to legal certainty and a sense of justice, and is not in line with the ratio legis of the Taxation Law. As a doctrinal legal research, this article investigates how the administrative and criminal sanctions are applied in taxation in Indonesia and how legal certainty is guaranteed in the tax law. It is found that criminal and administrative sanctions are applied according to the actions taken based on the qualifications outlined in the articles violated. The procedure for enforcing tax law varies and is applied on a case-by-case basis. Further, administrative sanctions are the precursor to criminal sanctions. While administrative sanctions are the primum remedium applied in tax administration violations, which are carried out to obtain payment, criminal tax sanctions are applied as the ultimum remedium, taking into account the objective conditions related to the act
Reevaluating “First-to-File” vs the Legality Principle: Rethinking Justice for Original Rights Holders in Indonesia Freaddy Busroh, Firman; Khairo, Fatria; Saraya, Sitta
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.596

Abstract

The implementation of the First-to-File principle within Indonesia’s intellectual property law system often raises concerns regarding justice—particularly for individuals or entities who originally created or utilized a work but failed to register it promptly. This study seeks to evaluate the compatibility of the First-to-File principle with the principle of legality in the protection of intellectual property rights and examines the extent to which it upholds justice for the original creator. As a juridical-normative study, the research employs qualitative methods through the analysis of legal documents, case studies, and a review of both national and international scholarly literature. It also uses Rawls’ theory of justice and Dworkin’s theory of rights to frame the analysis. Findings indicate that the strong emphasis on administrative procedures in the intellectual property registration system tends to overlook the moral and historical dimensions of ownership. This emphasis is normatively inconsistent with the principle of legality, which aspires to ensure equitable and proportionate legal protection. Furthermore, the disproportion between formalistic registration requirements and substantive justice creates opportunities for unethical exploitation. Accordingly, the study highlights the need for a reformulation of legal norms and policies to better accommodate the rights of original creators and to establish a fairer evidentiary mechanism within the registration process.

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